St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-10-01
THE COUNCILS DOINGS.
A Spirited Meeting, With Some sensa-
tional Results.
ANOTHER INVESTIGATION.
Important Work Done---The Comptr0l-
ler's Estimates---General Fund
Assaulted.

AFTERNOON was spirited one WHICH LOOK
a rather humorous turn, although some
of the matters treated were of serious
Importance. Several of the aldermen
got each other by the ears and some
animated debates occurred that fur.
nished amusement for the spectators
behind the railing.
The most important matter submitted
was the following resolution from the
committee on ways and means, fixing
the maximum of amounts to be ex-
pended for the several purposes NAMED
for next year, was adopted: Fire de
partmept, S255,000; police, $4,000;
street lighting, Sl30,000; salaries of city
officials as per cOmptrOller's estimate,
S66,540; poor department, $4,000; city
engineers department, SAL 900; work
house, 5000; health department, ST.
600; fall election, 1888, S14, 900; printing
and stationery, $1,000; municipal court,
$4,000; city hall expenses, $500; roads
and bridges, $500; pounds, $500;
boarding prisoners at lookup, $1,000;
street opening expenses, $4,000; build
ing inspectors department, $4,000; Incl
dental expenses, $4,000.
Aid. Conley's motion to give the Ordi-
nance granting permission for laying of
subway for electric wires in the
streets of the city called out an en-
phatic protest from Aid. Mills, who
talked about ''jobbery." He said he
did not believe in presenting important
franchises to Chicago people for the
mere asking. Aid. L'Herault was
equally as vigorous in the language with
which he supported Aid. COnley'S mo-
ton, and declared that no franchise
was asked fOr-siniply privilege to
nODuQu a bannfit npOn tho nitu
Aid. COnley put an end to the discus
sion by saying that while he considered
that there was no excuse for any alder
man to pretend ignorance concerning
an ordinance that had been under con-
sideration for three months, still he
wished to have the ordinance thor
Oughly understood, and therefore
moved to haYe his resolution laid on the
table for one week and made the
special order of business for the next
meeting. His request was granted
without discussion.
Aid. Stoft made vigorous kick
against appropriations of $3.50 to Gus
tave Johnson, $3.50 to Swan Anderson,
$500 to V. w. Voorhees,, 1865 to Gustave
William Groof and Fred Grooi, to sat
isfy appeals from the assessments for
the extension of TWenty-fifth street,
from Morrison & LovejOy'S addition to
Stewards addition. The city attorney
was sent for and advised that the claims
were reasonable and should be paid.
After a short debate between Aid.
StOft and Dwyer the matter was re-
ferred back to the committee on roads
and bridges.
The city attorney reported concerning
the claim of Isaac Walker for SIS, 500,
because of an alleged infringement
upon the device used at engine houses
for throwing open the doors of stalls
and releasing horses by electricity, that
the matter should be referred to the
chief of the fire department.
A motion by Aid. Cooley for the re-
parties for the grading of Hennepin
avenue in the Eighth ward created con-
siderable sport owing to an error on the
part of the alderman who made the
time of payment June s, 1889. He was
allowed to change the date to 1888, and
the resolution went through.
Aid. Lawrence offered resolution
directing the Minneapolis Street Rail
way company to construct and operate
street railway line on Franklin ave-
nue. to Twenty-ifth street; thence to
Stevens avenue to Lyndale avenue, to
Twenty seventh street to Hennepin ay-
enue. The resolution also asked for the
repeal of an an ordinance passed March
4, authorizing the construction of a
street railway line on Franklin avenue
to Fourth avenue south, ON Fourth ave-
nue. to Twenty-SeVenth street, and
thence to Hennepin avenue.
Aid. L'Herault presented resolutions.
printed in another column, asking for
an investigation of the way in which
eX-Superintendent John West ran the
wOrkhOuSe.
The council decided to attend the well
coming reception to Powderly at the
Washington rink Monday evening.
The mayor and comptroller were au-
thoriZed to countersign bonds amount
ing to $4,000, to be placed at the credit
of the board of education for the school
fund.
The comptroller's estimate for the
street improvements, presented last
week, was adopted.
The committee on railroads submitted
the following opinion of the city attor-
ney in regard to the power of the city to
compel the street car company to sup.
ply conductors and furnish transfer
tickets:
The Minneapolis Street Railway com.
pany was inaugurated under the gen.
eral state laws prior to 1875, and, in
order to prosecute its business, it be.
came necessary for it to acquire the
| right to use certain streets and avenues
TO this end the city council passed an
ordinance July II, 1875, entitled san or.
dinance authorizing and regulating the
treetrailways in the city of Minneapo-
lis" This ordinance was accepted by
the company. This ordinance granted
| the company the right to use certain
cfrnn md ,n1o
| strictiOnS upon it. This ordinance was
confirmed and validated by the state leg.
islature March 4, 1879. But there has
been considerable difference among
legal authorities as to the character OF
the ordinance, and the act of the legis-
lature validating it. But there
can no longer be any doubt
on the subject. as the supreme
court has recently decided that by an
act of the legislature the ordinance be-
came as valid and binding as though
when passed the council had the right
to pass. it. This ordinance is valid
contract, and the two parties to it must
be governed by it. There is no power
reserved to the city in this contract to
change or alter it. Thus the city ordi-
nance requiring conductors to be placed
on the cars, as an amendment of the
contract, is void. being an attempt to
change the contract and impair it's obli-
cations. If public safety demanded that
conductors beput on all cars, and the city
charter conferred upon the council the
power, an ordinance might be made and
enforced as police regulation without
lmpalrlng the contract. But am I'M
able to find any such power conferred in
the city charter. If there should bd any
infractiOns on the part of the street rail-
way company of any of the provisions
of the ordinance it can only be enforced
or enjoined by proper proceedings in
the courts-by mandamus, to compel the
performance of what it should, but
neglects or refuses to perform, or by in
junction when it attempts to do that
which it has no authority to do Snnh